Section 354 d

[Harry Singh]

What is the meaning of clear indication of disinterest and word repeatedly in section 354 d?
Is the law “follow and contact”/”follow or contact”?
Suppose someone message his friend(female) four times over 7 days and she did not reply..
Can that be stalking?

[Dr. Ashok Dhamija]

These words have not been defined or explained in section 354-D of IPC or anywhere else in that Code. The courts have yet to interpret them. In the absence of any definition or explanation, the court will generally look at their ordinary dictionary meaning and will apply the well-established rules of interpretation to interpret the correct meaning.

I may point out that generally the word “or” is considered as disjunctive and the word “and” is generally considered to be conjunctive. However, at times, these words have been read as vice versa to effectuate the manifest intent of the legislature as disclosed from the context in which they are used. Thus, sometimes, the word “and” has been interpreted to have been used as “or” and vice versa.

In view of this, it is for the courts to decide whether “follows and contacts” would be interpreted in it literal meaning in the conjunctive sense, or to interpret the same as “follows or contacts” in the disjunctive sense. The context in which these words are used, i.e., the words “or attempts to contact” which follow the words “follows and contacts” may also be important. Various rules of interpretation of statutes would be useful, including the rule that substantive criminal laws (such as IPC) are generally required to be construed very strictly.

Whether the offence of stalking would be made out if someone sends message to his female friend 4 times in 7 days, will have to be seen in the context of the full facts and circumstances of the matter, and also in the context of whether other ingredients mentioned in section 354-D IPC are satisfied and also whether or not this act comes within the meaning of 3 exceptions mentioned in the Proviso to the section. It may not be advisable to give a general reply in the absence of the full context.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Harry Singh]

Thank you so much Sir..
Any man who
follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman
In normal language ‘and’ is used in conjunctive sense
Suppose If ‘and’ is used in conjunctive sense, is it wrong to say as per the above law man has to either
1) “Follow and contact” or
2)”follow and attempt to contact”?
Messages were forward messages (nothing offensive).
Clear indication of disinterest-
Does no reply means clear indication of disinterest?
She has to state “stop messaging me”

[Dr. Ashok Dhamija]

See, as I mentioned it is up to the courts to interpret the language of the section. I am a small person and my interpretation may not mean anything.

The language is slightly vague. It can be POSSIBLY interpreted in one of the following two ways:

“follows a woman and contacts”, or “follows a woman and attempts to contact”

“follows a woman or contacts or attempts to contact”.

In the example given by you, as I said earlier, other ingredients should also need to be examined such as “to foster personal interaction repeatedly” and the exceptions. Generally, the intention has to be seen. The detailed facts and circumstances have to be seen.

If you are facing such a case, you should consult some local lawyer who can examine the facts in greater details and see how best he can help you. In such a case, you may have to go to court by taking a chance. It is not possible for me to give an abstract reasoning on the facts of an individual case.
     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Harry Singh]

Thanks a lot Sir

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